1. (a) The IDCMP shall monitor the client’s compliance with the service plan via case management meetings with the client.
2. (b) Case management meetings shall be either face-to-face or via telephone, depending upon the needs of the client and be documented in the client’s record, including the subject(s) of discussion.; and

3. (c) For each client, the service plan shall be reviewed and updated as follows at least every 60 days:

   1. (1) The review shall document the degree to which the client is meeting service plan requirements;
   2. (2) The review shall document any case management needs the client has;
   3. (3) The review shall document any drug or alcohol screening results; and
   4. (4) Any changes to the service plan shall be signed by the client or the service plan shall indicate the client’s refusal to sign.
4. (d) A client may request a hearing with the department of safety, pursuant to RSA 265-A:40, VI and Saf-C 204.20, in order to challenge any changes made to the service plan.

5. (e) Along with case management meetings with the client, the IDCMP shall monitor the client’s treatment and recovery progress by maintaining contact with the client’s IDSP as follows:

   1. (1) The IDCMP shall review the monthly progress reports submitted by the client’s IDSP in accordance with He-A 510.12(a)(1) or speak with the IDSP directly;
   2. (2) If monthly progress reports are not received, the IDCMP shall directly contact the client’s IDSP for updates on the client’s progress; and
   3. (3) The IDCMP shall provide to the IDSP any new information about the client deemed relevant to the client’s compliance with the service plan.
6. (f) The IDCMP shall not charge the client for any contact with the client’s IDSP.
7. (g) If the IDCMP believes that an IDSP’s progress reports are of poor quality, the IDCMP shall notify the department.
8. (h) If information is disclosed by the IDSP that has a negative effect on the client’s progress, the IDCMP shall determine whether the client is in compliance with their service plan.

9. (i) Each of the following shall constitute non-compliance with the service plan, thus requiring a notice of non-compliance to be sent in accordance with (j) below:

   1. (1) The client does not start receiving treatment or recovery services within the timeframe established in He-A 507.04(e)(2);
   2. (2) The client has an unexcused absence from more than one scheduled treatment or recovery appointment within any 30-day period;
   3. (3) The client has more than one unexcused absence from more than one scheduled case management meeting in any 30-day period;
   4. (4) The client is impaired as a result of being under the influence of alcohol, any illicit substance, or any non-prescribed or over-the-counter medication at any treatment or recovery appointment or at any IDEP session or case management meeting, as confirmed and documented by a drug or alcohol screening;
   5. (5) The client is presumed to be impaired as a result of being under the influence of alcohol, any illicit substance, or any non-prescribed or over-the-counter medication at any treatment or recovery appointment or at any IDEP session or case management meeting and refuses to submit to drug or alcohol screening;
   6. (6) Abstinence is required by the court and the client is not abstinent;
   7. (7) If abstinence is required by the IDCMP in the service plan, the client is not abstinent, and the IDCMP determines, after consultation with the client’s IDSP, that the client’s non-abstinence should be reported as non-compliance with the service plan; and
   8. (8) The court or the service plan requires drug or alcohol testing and the client refuses to submit to drug or alcohol testing in a timely manner.

10. (j) If the IDCMP determines that the client is not in compliance with the service plan, the IDCMP shall:

    1. (1) Notify the sentencing court, the client’s prosecutor, and the DMV of such non-compliance; and
    2. (2) Notify the client in writing that notice of non-compliance has been submitted.
11. (k) If, within 6 months of a notice of non-compliance being sent in accordance with (j) above, a client begins, continues, or returns to treatment or recovery, as applicable, the IDMCP shall review the existing service plan, revise the service plan as necessary, require the client to comply with the revised service plan, and not charge the client an additional fee, but shall begin charging the case management fee outlined in He-A 505.01(b)(3).
12. (l) If a client does not begin, continue, or return to treatment or recovery within 6 months of a notice of non-compliance being sent in accordance with (j) above, the client shall submit to a new substance use disorder evaluation, at the client’s expense, and a new service plan shall be developed before treatment can commence.
13. (m) If an IDCMP staff is subpoenaed or otherwise required to attend a sentencing court proceeding as a result of a notice of non-compliance being sent in accordance with (j) above, the IDCMP may charge the client a fee pursuant to He-A 505.01(b)(7) for each day that the IDCMP staff is required to attend a court proceeding.

Source. #10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34